Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess FifthAmendment HabeasCorpus
Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of the Rule 60(b) motion alleging attorney dishonesty (fraud-on-the-court), and whether a denial of a Rule 60(b) motion is separately appealable and requires a COA or permission to appeal
QUESTION PRESENTED Since denial of the pre-judgment Rule SO(b) motion in habeas did not address inerits of attorney dishonesty did lower court clearly err abusing discretion, dismissing appeal as premature/no jurisdiction, without addressing merits nor if Rule : 60(b) is limited to federal judgments, whether denial is separately appealable, whether COA or permission to appeal is required and should issue? . i